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Court Cases  In 1995 an Oregon court ruled that schools could test entire teams of student athletes, even if the team members are not suspected of using drugs. –The court felt that athletes were looked upon as role models so therefore should be held to higher standards  Note: Sports Illustrated article in report  Shortly after in a case called Earls, the court ruled that other competitive, non-athletic activities like the choir and debate team were also to be subjected to drug test.  A court in Delaware felt that the school districts in that state have failed to provide evidence that explains the necessity of implementing a drug testing policy.

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Court Cases cont.  Now in New Jersey, a Superior court judge went against the first two rulings and said that “students should not have to surrender their right to privacy in order to participate in athletics and other extracurricular activities.”

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Violation of Rights  The ACLU argues that random drug testing completely violates the Fourth Amendment right to be free from unreasonable search and seizure.  Also the random drug testing policy forces students to prove their innocence, when the law clearly says “that you are innocent until proven guilty.”  If you want to participate in extracurricular activities, you have to say O.K. to random drug testing.

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No Proof That It Works  There is no proof that random drug testing of high school students deters drug use. –A study of 76,000 students around the United States found that drug activity in schools with drug testing is the same as in the schools without testing  Note: Study analysis in report.

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False Positives  A false positive is when a student test positive for drug use but has actually not used illegal drugs at all.  Things that can create a false positive:  Marijuana –Ibuprofen (Advil, Nuprin, Mediprim, Motrin, Bayer Select Pain Relief Formula, Excedrin IB Caplets, Genpril, Haltran, Ibuprin, Midol 200, Pamprin, Trendar Cramp Relif Formula, Cramp End Tablets, Medipren, Rufin, Naproxen, Aleve, Ketoprofen, Orudis KT) –Note: So if you have a headache one night and take Advil and have a drug test the next morning, there is strong possibility that you would test positive for marijuana use and be kicked off the team –Over the counter allergy medications, sleep aids, vitamin B2  Cocaine –Amoxicillin, tonic water, along with most antibiotics

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Leads to Harder Drugs  Random drug testing creates incentives for kids to switch to harder and more harmful drugs with longer lasting effects. –Marijuana is the most commonly used drug among high school students. However the THC from Marijuana can stay in the body’s system from 20-90 days.  Cocaine for a maximum of 72 hours (small amounts may go undetected)  Opiates maximum of 4 days  Heroin maximum of 4 days  Amphetamines maximum of 72 hours  Ecstasy maximum of 72 hours  PCP/Angel Dust Maximum of 11 hours

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Conclusion  Random drug testing is a policy that simply doesn’t work. Most teenage drug use occurs between 3-6 pm, the very time which most extracurricular activities take place. It seems counterproductive to be putting up any barriers for students to be engaging in after-school activities. Banning a student from choir or scaring them to even sign up only allows longer amounts of free time to participate in illegal activities. If schools are really committed to keeping students off drugs, then they should be trying to engage them as much as possible in school related activities.